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§ 90.03 DUTIES OF ANIMAL CONTROL OFFICER.
   The Animal Control Officer with permission from the property owner or legal paperwork, not requiring property owner permission may:
   (A)   Enter upon the private premises to investigate to apprehend a stray, dangerous or wild animal or an animal suspected of being infected with rabies;
   (B)   Enter upon private premises to investigate complaints of irresponsible or inhumane animal care; and
   (C)   Enter property to seize, impound, or dispose of any dangerous animal when necessary for the protection of any person or animal.
(Ord. 9-1R, passed 2-17-2015; Ord. passed 12-15-2020)
§ 90.04 RECLAIMING IMPOUNDED ANIMALS OF KNOWN OWNERSHIP.
   When a law enforcement officer or Animal Control Officer shall find a cat or dog "running at large" this officer shall, if possible, contain the animal and identify ownership of the animal by any identification resources available to include collar or license tag or by having previously seen the animal and owner together, and shall attempt to contact the owner of the animal to inform them their animal is in the custody of the Animal Control Officer and they may reclaim their animal for a specified fee to the town and a specified fee to the current animal control entity.
(Ord. 9-1R, passed 2-17-2015; Ord. passed 12-15-2020)
§ 90.05 RESPONSIBLE ANIMAL CARE.
   (A)   Prompt removal and appropriate disposal of dead animal carcasses within 12 hours of death.
   (B)   It shall be unlawful for any owner or harborer of a domestic animal to not provide for said animal. Such provisions shall include but are not limited to:
      (1)   Sufficient quantities of good and wholesome food and water;
      (2)   Proper protection from the weather;
      (3)   Veterinary care when needed to prevent suffering;
      (4)   Humane treatment;
      (5)   Prompt removal and sanitary disposal of all excrement deposited by owner's animal anywhere within the town corporate limits, including all excrement deposited while animal is not on owner's property; and
      (6)   Inhumane treatment of an animal is any act of mistreatment, torture, cruelty, neglect, abandonment, mutilation, or inhumane slaughter of an animal that is not consistent with generally accepted training, use and husbandry procedures for the species, breed, physical condition, and type of animal.
   (C)   ANIMAL CARE. The following, as per in SDCL § 40-1-2, shall be used to define ANIMAL CARE:
      (1)   MISTREATMENT, TORTURE OR CRUELTY of an animal is any act or omission whereby unnecessary, unjustifiable, or unreasonable physical pain or suffering is caused, permitted, or allowed to continue including acts of mutilation.
      (2)   NEGLECT of an animal is the failure to provide food, water protection from the elements, adequate sanitation, adequate facilities, or care generally considered to be standard and accepted for the animal's health and well-being consistent with the species, breed, physical condition, and type of animal.
      (3)   INHUMANE TREATMENT of an animal is any act of mistreatment, torture, cruelty, neglect, abandonment, mutilation, or inhumane slaughter of an animal that is not consistent with generally accepted training, use and husbandry procedures for the species, breed, physical condition, and type of animal.
(Ord. 9-1R, passed 2-17-2015; Ord. passed 12-15-2020)
§ 90.06 ANIMALS ON SCHOOL GROUNDS OR RECREATION AREAS.
   Owners shall not permit their animals on any school ground when school is in session. Animals shall not be permitted in any public recreation area unless controlled by a leash.
(Ord. 9-1R, passed 2-17-2015; Ord. passed 12-15-2020)
§ 90.07 LIVESTOCK REGULATIONS.
   (A)   LIVESTOCK. For the purposes of this section, the term LIVESTOCK shall include poultry, cattle, buffalo, goats, sheep, pigs, horses, mules, donkeys or other livestock or equine (horses, mules, and donkeys).
   (B)   Livestock regulations within all town zoning classifications, other than any RA (Residential Agriculture) Zoning.
      (1)   Property owners who personally maintained livestock within the jurisdictional boundaries of the town on or before December 31, 1999, and are not zoned as any RA (Residential Agriculture) zoning classifications, shall be allowed to continue such practice under the following conditions:
         (a)   The livestock shall be completely contained to real property owned, leased, or controlled by the owners of such animals.
         (b)   The actual number of livestock shall be limited to two head or two mother/offspring combinations for the first city lot, and one head or one mother/offspring combination for each lot thereafter. Offspring qualify with the limitation only until such time as they are weaned.
         (c)   Manure piles must be removed from the real property at least once each week.
         (d)   The use of the property for the maintenance of the livestock is not interrupted for a period of more than six months.
      (2)   The maintenance of structures or enclosures and the keeping therein of livestock, with the exception of chickens for the purpose of egg production, may be kept in accordance with the provisions of this section, and/or grazing or staking of livestock within 200 feet of any building or structure occupied by, or intended to be occupied by, human beings as a residence within the corporate limits of the town is prohibited and considered to constitute a public nuisance.
      (3)   The above exceptions may not be assigned, transferred, or conveyed to subsequent property owners, users, or lessees.
   (C)   Livestock control (within RA1 Zoning). Property owners within the jurisdictional boundaries of the town, who are currently zoned as RA1 (Residential Agriculture 1), shall be allowed to maintain equine livestock only, and shall follow and maintain the following conditions:
      (1)   The livestock shall be completely contained to real property owned, leased, or controlled by the owners of such animals.
      (2)   The actual number of livestock shall be limited to three head or three mother/offspring combinations for each one acre of property, not to exceed a total of four head or four mother/offspring combinations. Offspring qualify with the limitation only until such time as they are weaned.
      (3)   Manure piles must be removed from the real property at least once each week between April 1 and October 1 of each year.
   (D)   Chickens may only be kept on premises licensed by the town for the keeping of domestic chickens and the following requirements to be followed.
      (1)   Permit required. No person or household may own or possess chickens within the town limits without obtaining an annual permit, which will need to be renewed each year by April 1. An application shall be submitted to the Finance Officer on the form provided by the town office.
      (2)   Application. A person applying for the permit pursuant to the provisions of this section shall provide all information requested on the permit form. An application fee shall be charged and due upon submission of the permit application to the Finance Officer. The amount of this fee shall be set by resolution of the town Board of Trustees.
      (3)   Notification of neighbors. In addition to the application requirements, the applicant shall give notice by ordinary mail to all property owners within 100 feet from the lot that is the subject of the permit application. The notice shall include at a minimum:
         (a)   The name and contact information of the applicant;
         (b)   The address of the lot that is the subject of the permit application;
         (c)   A description of the animals that are the subject of the permit application;
         (d)   A statement that the applicant wishes to own or possess those animals at the lot that is the subject of the permit application; and
         (e)   The date and time of the meeting at which the City Council will be making its decision regarding whether to issue the permit. Notices shall be postmarked not less than ten days prior to the date of the meeting at which the City Council will be making its decision. The applicant is responsible for meeting all of these requirements and shall provide documentation to the Finance Officer that these public notice requirements have been satisfied at least four days prior to the date of the meeting. If this is not done, the matter will be pulled from the agenda.
      (4)   Permit decision. The Board of Trustees may permit the possession of chickens if the applicant demonstrates the area the chickens are to be kept in is appropriate for such a purpose and the possession of the chickens will not annoy the health, safety, and comfort of neighboring properties. The town Board of Trustees may deny any such request if it determines that issuing such permit would not be in the best interest of the town.
      (5)   Revocation. Notwithstanding any other provision of this section, the license granted under this section may be revoked by a majority vote of the Board of Trustees if it determines that either the information supplied by the owner on the permit application was false or misleading, or the permittee has otherwise violated the terms of his or her permit. License is immediately null and void upon the licensee’s conviction of any cruelty to animal charge. If licensee violates any of this section’s criteria, the Board of Trustees has the right to revoke the license.
      (6)   Each licensee shall meet the following criteria:
         (a)   Property. Properties with land size of 0.25 acres (10,890 square feet) can hold up to eight chickens. For properties sized one acre or more, up to 15 chickens. Properties under 0.25 acres (10,890 square feet), livestock is prohibited. Only property owners are allowed to apply for livestock permit.
         (b)   Prohibited. Roosters are prohibited.
         (c)   Enclosure. Chickens shall be housed in a secure and well-ventilated roofed structure or any attached fenced yard enclosure at all times. The fence around the yard enclosure shall be securely constructed and shall have protective netting to keep the chickens separated from other animals. Chickens will be allowed to roam in the fenced in yard without the overhead netting if wings have been clipped to prevent flight and escaping the yard/enclosure.
         (d)   Maintenance. Droppings and body excretions must be collected on a weekly basis or more often if necessary and must be properly disposed of, or composted, to maintain the floors and walls of the structure in a sanitary and healthy condition. All chickens must be cared for, and enclosure must be kept neat and orderly.
(Ord. 9-1R, passed 2-17-2015; Ord. 90.07A, passed 10-3-2017; Ord. passed 12-15-2020; Ord. passed 6-6-2023)
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